Filing a Complaint for Assault on a Minor in School (Philippines): A Comprehensive Guide

Assault on a child in a school setting demands a swift, well-documented, and legally sound response. This article explains the remedies available under Philippine law, the step-by-step process for reporting and filing, how cases proceed when the offender is an adult or another child, the responsibilities of schools, and practical tips for families and guardians.

1) What counts as “assault” in school?

In Philippine practice, “assault” in everyday language often maps to any unlawful physical or threatened harm. Legally, several statutes may apply depending on the facts:

Revised Penal Code (RPC) – Physical Injuries / Acts of Violence
- Serious, less serious, or slight physical injuries depending on the gravity, incapacity days, or medical attendance.
- Grave threats or grave coercion if violence is threatened or used without legal authority.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. 7610)
- Penalizes physical, psychological, and other forms of abuse against children. When a child is harmed in school, R.A. 7610 is often invoked because it recognizes the child’s special protection status and increases penalties.
Anti-Bullying Act (R.A. 10627)
- Covers bullying (including physical, verbal, social, and cyber), obliging basic education schools to adopt anti-bullying policies and procedures. Bullying that involves physical harm may overlap with RPC offenses and/or R.A. 7610.
Safe Spaces Act (R.A. 11313)
- Addresses gender-based harassment, including in schools, which can coexist with child-protection laws.
Violence Against Women and their Children (R.A. 9262)
- Applies when the perpetrator is a parent/guardian or person in a dating/marital relationship with the child’s mother; may be relevant if school incidents spill over from domestic contexts.

Key point: A single incident can trigger multiple legal frameworks (e.g., bullying + child abuse + physical injuries). You don’t need to choose at the outset; authorities will determine the best legal characterization based on your report and evidence.

2) Immediate steps to protect the child

Ensure safety and medical care
- Move the child to a safe place.
- Seek medical attention immediately. Request a medical certificate and, if referred, a medico-legal examination (often via government hospitals or police Women and Children Protection Desks).
Document everything
- Take photos of visible injuries.
- Preserve clothing or objects involved.
- Save messages, posts, or chats (screenshots with timestamps/URLs).
- Write a contemporaneous incident log: date/time/place, persons involved, what each said/did, who witnessed it.
Notify the school the same day or as soon as practicable
- Report to the class adviser, guidance office, principal, or the school’s Child Protection Committee (CPC) (mandated in basic education).
- Ask for a written acknowledgment and copy of the incident report.
If there is ongoing risk
- Request interim safety measures from the school (no-contact arrangements, schedule/classroom changes, supervision plans).
- Consider urgency assistance from the barangay (for community-level safety concerns) and referrals to the DSWD / Local Social Welfare and Development Office (LSWDO).

3) Where to file a report or complaint (venues & purposes)

A. School (Administrative / Disciplinary)

Basic Education (DepEd-regulated) schools must have:
- A Child Protection Policy, a CPC, reporting procedures, investigation protocols, sanctions, and referral mechanisms.
File a written complaint attaching your evidence. Request the school’s case number and investigative timeline.
Outcomes can include disciplinary measures (counseling, suspension, expulsion subject to rules), protection plans, and referrals to authorities.

B. Police (PNP Women and Children Protection Desk – WCPD) or NBI

For criminal investigation and immediate protective action.
Provide IDs, the child’s birth certificate if available, medical papers, photos, gadgets with evidence, and school incident reports.
The WCPD uses child-friendly, trauma-informed procedures; you may be assisted by a social worker.

C. Office of the City/Provincial Prosecutor (OCP/OPP)

For criminal prosecution, complaints typically go through inquest (if the suspect was arrested) or regular filing (affidavit-complaint with evidence).
You may file directly with the prosecutor or be referred there after police intake. The prosecutor determines the proper charges (e.g., RPC injuries, R.A. 7610).

D. Barangay

Blotter/report for record and immediate community assistance.
Katarungang Pambarangay (conciliation) may not be available for certain offenses (e.g., higher penalties) or when a party is a minor, but a blotter can still support your timeline and safety plan.
For domestic-context harm covered by R.A. 9262, you may seek a Barangay Protection Order (BPO) against the abuser (if applicable to the relationship).

E. Administrative complaints against school personnel

Public schools (DepEd personnel): administrative complaint with the Schools Division Office / DepEd for acts constituting child abuse, grave misconduct, etc.
Private school teachers (licensed): complaints may also be lodged with the Professional Regulation Commission (PRC) for Code of Ethics violations.
Coaches/contractors: report to school administration; if licensed (e.g., guidance counselors), to the relevant PRC board.

F. Civil action for damages

Parents/guardians may file a civil case for damages (moral, exemplary, actual) against the perpetrator and, in some instances, the school and/or its officials based on negligence or breach of duty (see also “School liability” below).

4) How the school is expected to respond

Child Protection Committee (CPC) receives reports, ensures immediate safety, conducts or oversees fact-finding, coordinates with guidance and LSWDO, and recommends interventions and sanctions.
Due process for all involved: written notices, an opportunity to explain, impartial evaluation of evidence.
Non-retaliation: The child and reporting party must be protected from retaliation or intimidation.
Record-keeping & confidentiality: Only those with a need to know should access the case file. Identify minors by initials in outward-facing documents.
Referral duties: Serious incidents must be referred to police, prosecutor, and social welfare offices; schools are expected to cooperate.

If the school fails to act or downplays the incident, escalate to the Schools Division Office (for basic education) or the appropriate oversight body. Noncompliance with child protection mandates can lead to administrative liability.

5) When the perpetrator is a minor (student-on-student)

The child offender is treated as a Child in Conflict with the Law (CICL) under the Juvenile Justice and Welfare Act (R.A. 9344, as amended).
Minimum age of criminal responsibility: children below 15 are exempt from criminal liability but are subject to intervention programs; 15 to below 18 may be liable only if they acted with discernment, assessed through social workers and authorities.
Diversion/restorative processes: For eligible offenses, the law prioritizes diversion (mediation, restitution, apology, community service, counseling) over punitive detention. Serious offenses may proceed to Family Court with child-sensitive procedures.
School discipline can proceed independently of criminal liability, provided due process is observed and sanctions are educationally sound.

6) When the perpetrator is a teacher, coach, or staff

Acts of child abuse (physical or psychological) in school are grave and may violate R.A. 7610 plus administrative rules for grave misconduct, conduct unbecoming, or child abuse.
Victims may pursue parallel tracks:
1. Criminal (police/prosecutor),
2. Administrative (DepEd/PRC/school HR),
3. Civil damages (RTC/Family Court).
Schools must immediately separate the employee from the child (e.g., reassign pending investigation) if safety is at risk.

7) School and teacher liability (civil)

Under the Civil Code, schools and teachers have a special duty of care over students while under their custody (during class hours and authorized activities).
They may be presumed liable for injuries inflicted by their pupils or by negligent supervision unless they prove they exercised the diligence of a good parent of a family in supervision, selection, and discipline.
Private schools can face institutional liability if they fail to adopt/enforce effective child protection policies or to supervise personnel and students adequately.

8) Evidence to gather and preserve

Medical: medical certificate; medico-legal report; prescriptions; follow-up records.
Digital: screenshots of chats/posts (include date/time/URL); download platform logs if available; preserve phones/computers.
School records: incident reports, guidance notes, CCTV extracts, class seating plans, duty rosters, hall pass logs, visitor logs.
Witness statements: brief, signed narratives from classmates, teachers, staff; note contact details.
Physical evidence: damaged items, clothing, objects used.
Paper trail: copies of letters/emails to school, acknowledgments, and minutes of meetings.

Maintain an evidence binder: an index, chronology, and section tabs (medical, school, digital, correspondence).

9) How to file a criminal complaint (typical flow)

Initial report
- Go to PNP WCPD (or NBI) to blotter, give a sworn statement, and submit evidence. If the suspect is a minor, WCPD coordinates with LSWDO for CICL protocols.
Affidavit-Complaint
- Prepare (often with assistance of WCPD/prosecutor/private counsel) a sworn narrative describing who, what, when, where, how, and the legal provisions believed to be violated. Attach annexes.
Filing with Prosecutor
- Inquest (if warrantless arrest) or regular filing (for incidents without arrest). The prosecutor may call clarificatory hearings.
Resolution
- The prosecutor issues a resolution dismissing the case or filing Informations in court.
Court proceedings (Family Court for child-related cases)
- Arraignment, pre-trial, trial. Child-sensitive procedures apply (e.g., use of screens/recorded testimony, support persons).
Restitution & protection
- Consider civil liability and protection measures (no-contact orders, stay-away conditions) sought through the criminal case or separate petitions (e.g., BPO under R.A. 9262 when applicable).

10) Timelines, prescription, and urgency

Report promptly. Some offenses have prescriptive periods (deadlines to file). While child-abuse laws tend to be more protective, early reporting preserves evidence, strengthens your case, and helps the child access support services quickly.
School investigations should begin immediately after receipt of a report, with interim safety measures set at once.

11) Child-sensitive procedures & confidentiality

Rule on Examination of a Child Witness and related child-friendly rules guide interviews and testimony (e.g., presence of a support person, simplified questioning, and protective measures).
Confidentiality is paramount. Identify minors by initials in external communications. Keep files secure. Observe the Data Privacy Act when handling records and digital evidence.

12) Roles of support agencies

DSWD/LSWDO: safety assessment, psychosocial first aid, case management, referrals, shelter if needed.
Hospital Women and Children Protection Units (WCPUs): medical care, medico-legal, trauma counseling referrals.
Public Attorney’s Office (PAO): legal assistance for qualified indigent parties.
Psychosocial services: therapy and counseling for the child and family; ask the school/LSWDO for accredited providers.

13) Practical checklists

A) Reporting & Filing Checklist

Immediate medical attention; obtain medical certificate
Photographs of injuries; preserve clothing/objects
School report filed; get written acknowledgment
Barangay blotter (optional but helpful)
WCPD/NBI report with sworn statement
Affidavit-Complaint drafted (facts, witnesses, evidence list)
Social worker involvement (LSWDO/DSWD)
Request interim safety measures at school
Consider administrative complaint (DepEd/PRC)
Consider civil action for damages

B) Evidence Packet Tab Dividers

Chronology & incident log
Medical records (certificates, photos)
School documents (reports, CPC correspondence, CCTV requests)
Digital evidence (screenshots, chat logs, metadata notes)
Witness statements & contact list
Police/prosecutor filings & resolutions
Receipts/expenses (for damages)

14) Templates (adapt as needed)

A) Initial Report to School (sample)

Date:

To: [Principal/Child Protection Committee]
School: [Name]

Subject: Report of Assault on Minor [Initials], [Grade/Section]

I am reporting that on [date/time] at [location in school], [child’s initials], age [x], was assaulted by [name/“a classmate”/“teacher”]. The incident involved [brief facts].

Attached are: [medical certificate/photos/screenshots/witness names]. I request immediate safety measures (no-contact, supervised transitions) and a written acknowledgment with the school’s case number. Please inform us of the investigation timeline and CPC focal person.

Sincerely,  
[Parent/Guardian name, contact]

B) Affidavit-Complaint (outline)

Identity and capacity to file (parent/guardian of minor).
Detailed narration (who/what/when/where/how).
Specific acts showing violence/abuse/bullying.
Harm suffered (injuries, psychological effects).
Laws believed violated (RPC injuries; R.A. 7610; R.A. 10627, etc.).
List of witnesses and evidence (Annexes A-…).
Prayer (criminal charges, protective reliefs, restitution).
Jurat (notarization or subscribed before prosecutor/police).

15) Frequently asked questions

Q: Can I pursue school discipline and a criminal case at the same time? Yes. Administrative/school proceedings are independent of criminal/civil actions.

Q: What if the school refuses to accept or act on my report? Escalate to the Schools Division Office (for basic ed) or the proper regulator, and file with police/prosecutor directly.

Q: Will my child have to face the offender? Schools and courts can order no-contact and adopt child-sensitive measures (separate waiting areas, staggered schedules, remote or shielded testimony in court).

Q: My child was hurt during an off-campus school activity. Is the school still responsible? If the activity was school-authorized and the child was under school custody/supervision, the school and personnel may still bear duty of care.

Q: The offender is under 15. Is there still accountability? Yes. The law mandates intervention and restorative measures for CICL, and the school can impose discipline consistent with child-protection standards.

16) Strategic tips from practitioners

Treat the medical certificate as a cornerstone document; return for follow-up notes (healing days, therapy).
Ask the school in writing for CCTV preservation immediately (many systems overwrite after 15–30 days).
Coordinate early with a social worker; their assessments are persuasive for prosecutors and schools.
Keep communications polite, firm, and documented. Assume every email/letter could be read in court.
Consider counsel when harm is significant or the school is uncooperative; parallel civil claims can preserve leverage.

Bottom line

You have multiple, complementary avenues: school discipline, criminal accountability, administrative sanctions, and civil damages. Act quickly, document thoroughly, involve WCPD/LSWDO, and insist on child-sensitive procedures and interim protections. With a well-organized report and evidence package, Philippine law provides robust tools to safeguard the child and pursue accountability for assault in the school setting.